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GAZETTE
JANUARY/FEBRUARY 1988
Dail
Debates
So l i c i t ors Ac t s, 1 9 5 4 - 6 0
Question Time —
10th November 1987
In reply to questions raised by Ms.
Quill and Mr. J. Higgins the Minister
for Justice (Mr. Collins) said: —
" A review of the Solicitors Acts
1954 — 6 0 has been a l mo st
finalised in my Department and I
hope to be in a position to submit
c omp r e h e n s i ve p r oposa ls for
amend i ng l eg i s l a t i on to t he
Government very shortly.
The proposals will take account
of the recommendations of the
Restrictive Practices Commission
in the report of their inquiry into the
effects on competition of the
restrictions on conveyancing and
the restrictions on advertising by
solicitors, wh i ch was completed in
1982."
In a supplementary question Ms.
Harney T.D. asked "Wou ld he (the
Mi n i s t e r)
agree
t h at
t he
introduction of advertising will
greatly reduce fees and is he aware
that this is now the norm in the
United Kingdom where it has
resulted in a decrease of 9 per cent
in conveyancing fees during the
Past 12 months? Would he further
agree that if solicitors, accountants
and perhaps auctioneers could pool
their resources and act jointly
together, obviously, in the interest
of the client, it would be cheaper,
more efficient and better for the
companies concerned?"
Mr. Collins replied " I would like
to assure the Deputy that all the
matters raised by her have been
taken into consideration and that
my views will be conveyed to the
Government. The decision of the
Go v e r nment on t he issue in
question will be announced as soon
as a decision is arrived at."
Other supplementary questions
were raised by Mr. McCartan, Mr.
McDowell, Mr. Taylor, Mr. J. Burton
and Mr. T. Fitzpatrick. In the course
o f
his replies
Mr.
Co l l i ns
emphasised that the proposed
•egislation would be available "very
shortly". He went on to say " The
review of the Acts has been almost
finalised and will be given priority
by the Government as soon as I go
to them w i th recommendations."
Civil Legal A i d Scheme
On the same date Mr. Mervyn
Taylor asked the Minister for
Jus t i ce to make a s t a t ement
regarding the operation of the Civil
Legal A id Scheme i nd i ca t i ng
whether, in the Minister's opinion,
it provided an adequate system to
aid people who could not afford
recourse to the law from their own
resources and, if not, if he would
make a statement regarding the
ex t ens i on to the scheme he
intended to introduce in 1988 in
order that Ireland would fully meet
its obligations under the Human
Rights Convention.
In his reply the Minister indicated
that he was aware that the Legal
A i d Board cons i de r ed
t h at
additional law centres were needed
but that there was no realistic
p r ospect t h at t he add i t i onal
resources that would be required
for any f u r t her expansion of
services under the Scheme could
be provided at present due to the
critical position of the public
finances. The estimates allocation
for 1988 for Civil Legal Aid had no
provision for an expansion of
services.
In a supplementary question Mr.
Taylor
asked
w h at
t he
Government's position was, so far
as their responsibilities under the
Human Rights Convention were
concerned, and in his reply the
Minister stated that the European
Court in the
Airey
case of 1979 did
not decide that Ireland was in
contravention of the Convention
because the scheme of Civil Legal
A i d and Ad v i ce was not in
existence at the time. Legal aid as
such was not the issue and the
Court had already ruled that there
was no direct right to legal aid by
virtue of the provisions of the
Convention. The Minister added
that he could understand that there
was a need for an expansion of the
service as everybody in the House
accepted, but as of now, having
regard to the financial constraints
within which he had to operate,
there was no possibility in the
immediate future of expanding the
service.
•
ESSAYS IN
MEMORY
OF
ALEXIS
FITZGERALD
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